Decided

No. 19-1231

Federal Communications Commission, et al. v. Prometheus Radio Project, et al.

from the United States Court of Appeals for the Third Circuit

See other cases from the Third Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED.

Argued. For petitioners in 19-1231: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For petitioners in 19-1241: Helgi C. Walker, Washington, D. C. For respondents: Ruthanne M. Deutsch, Washington, D. C. VIDED.

Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.

Reply of Industry Petitioners filed. VIDED. (Distributed)

Reply of petitioner FCC, et al. filed. (Distributed)

Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Public Knowledge filed. VIDED. (Distributed)

The record received from the U.S.C.A. 3rd Circuit, for case numbers 19-1231 & 19-1241 (Consolidated). The record has been filed electronically for both case numbers.

Brief amicus curiae of Sue Wilson, Media Action Center filed (Corrected PDF submitted - 1/14/21). (Distributed) VIDED.

Amicus brief of Sue Wilson, Media Action Center not accepted for filing. (January 14, 2021)

Brief amici curiae of Professors of Communications Law, Policy, and Administrative Law, and Doctors of Economics and Social Science filed. VIDED. (Distributed)

Brief amicus curiae of The American Statistical Association filed. VIDED. (Distributed)

Brief amici curiae of Media Law and Policy Scholars filed. VIDED. (Distributed)

Brief amici curiae of District of Columbia, et al. filed. VIDED. (Distributed)

Amicus brief of Public Knowledge not accepted for filing. (December 23, 2020)

Brief amici curiae of Former FCC Commissioners filed. VIDED. (Distributed)

Brief amici curiae of Members of Congress filed. VIDED. (Distributed)

Brief amicus curiae of Public Citizen filed. VIDED. (Distributed)

Brief of respondents Prometheus Radio Project, et al. filed. VIDED. (Distributed)

Motion for divided argument filed by petitioners FCC, et al. VIDED.

CIRCULATED

Record requested from the U.S.C.A. 3rd Circuit.

SET FOR ARGUMENT on Tuesday, January 19, 2021. VIDED.

Brief amicus curiae of Gray Television, Inc. filed. VIDED.

Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.

Brief amici curiae of The ABC Television Affiliates Association, The CBS Television Network Affiliates Association, The FBC Television Affiliates Association, and The NBC Television Affiliates filed. VIDED.

Brief amicus curiae of Southeastern Legal Foundation filed. VIDED.

Brief amicus curiae of TechFreedom filed. VIDED

Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Publc Policy Studies filed. VIDED

Blanket Consent filed by Petitioner, National Association of Broadcasters

Joint appendix filed (statement of costs filed 4/13/21). VIDED.

Brief of Industry Petitioners filed. VIDED.

Brief of petitioners FCC, et al. filed.

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1231. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1231. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petition for a writ of certiorari in No. 19-1241 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of 9/29/2020.

Waiver of right of Lane, Dennis Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. to respond filed.

Brief of respondents Prometheus Radio Project; et al. in opposition filed. VIDED.

Waiver of right of respondent Independent Television Group to respond filed.

Brief amicus curiae of Gray Television, Inc. filed. VIDED

Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020, for all respondents.

Motion of Benton Institute for Broadband & Society, et al. to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk.

Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020.

Motion to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due May 20, 2020)

Application (19A879) granted by Justice Alito extending the time to file until April 18, 2020.

Application (19A879) to extend further the time from March 19, 2020 to April 18, 2020, submitted to Justice Alito.

Application (19A879) granted by Justice Alito extending the time to file until March 19, 2020.

Application (19A879) to extend the time to file a petition for a writ of certiorari from February 18, 2020 to March 19, 2020, submitted to Justice Alito.

Parties

FCC, et al., Petitioner, represented by Elizabeth B. Prelogar

National Association of Broadcasters, Petitioner, represented by Helgi C. Walker

Independent Television Group, Respondent, represented by Jack N. Goodman

Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc., Respondent, represented by Dennis Lane

Prometheus Radio Project; Media Mobilizing Project; Free Press; Office of Communication, Inc. of the United Church of Christ, et al., Respondent, represented by Ruthanne Mary Deutsch

Amici Curiae

Americans for Prosperity Foundation, Amicus Curiae, represented by Michael David Pepson

Benton Institute for Broadband & Society, National Hispanic Media Coalition, National Organization for Women Foundation, Media Alliance and Media Counsel Hawai’i., Amicus Curiae, represented by Andrew Jay Schwartzman

District of Columbia, et al., Amicus Curiae, represented by Loren L. AliKhan

Former FCC Commissioners, Amicus Curiae, represented by Christopher J. Wright

Gray Television, Inc., Amicus Curiae, represented by David Edward Mills

Media Law and Policy Scholars, Amicus Curiae, represented by James Patrick Davy

Members of Congress, Amicus Curiae, represented by Brianne Jenna Gorod

Phoenix Center for Advanced Legal & Economic Publc Policy Studies, Amicus Curiae, represented by Lawrence Jay Spiwak

Professors of Communications Law, Policy, and Administrative Law, and Doctors of Economics and Social Science, Amicus Curiae, represented by Catherine J.K. Sandoval

Public Citizen, Amicus Curiae, represented by Nandan Maheshchandra Joshi

Public Knowledge, Amicus Curiae, represented by Harold Feld

Southeastern Legal Foundation, Amicus Curiae, represented by Tyler Green

Sue Wilson, Media Action Center, Amicus Curiae, represented by Richard D. Faulkner

TechFreedom, Amicus Curiae, represented by Corbin Knight Barthold

The ABC Television Affiliates Association, The CBS Television Network Affiliates Association, The FBC Television Affiliates Association, and The NBC Television Affiliates, Amicus Curiae, represented by Mark J. Prak

The American Statistical Association, Amicus Curiae, represented by Ian Marc Herman

The Leadership Conference on Civil and Human Rights, the Leadership Education Fund, and 16 Other Public Interest Organizations, Amicus Curiae, represented by Elizabeth Rogers Brannen

 
Last updated: April 25, 2024